Unless Orders Require Utmost Compliance
Marcan Shipping (London) Ltd v Candida Corpn and another
[2007] EWCA Civ 463
CA
Weekly Law Notes Summary
17 May 2007
The sanction embodied in an “unless” order in traditional form took effect without the need for any further order if the party to whom it was addressed failed to comply with it in any material respect. Unless the party in default had applied for relief, or the court itself decided for some exceptional reason that it should act of its own initiative, the question whether the sanction ought to apply did not arise.